Chauncy v. German American Ins.
Supreme Court of New Hampshire
Assumpsit, on a policy of insurance issued by the defendants to one Marden. Facts found by the court. The policy was issued August 1, 1876, by F. W. De Rochemont & Son, who were then the defendants’ agents at Portsmouth. Oct. 3, 1878, the defendants. reinsured in the Faneuil Hall Insurance Company all property covered by this and all other policies issued by the Portsmouth agents of the defendants.
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Assumpsit, on a policy of insurance issued by the defendants to one Marden. Facts found by the court. The policy was issued August 1, 1876, by F. W. De Rochemont & Son, who were then the defendants’ agents at Portsmouth. Oct. 3, 1878, the defendants. reinsured in the Faneuil Hall Insurance Company all property covered by this and all other policies issued by the Portsmouth agents of the defendants. In the policy of reinsurance, the Faneuil Hall company assumed “ directly and immediately all the rights and responsibilities of the said German American Insurance Company, under and upon said…
1Opinion of the CourtDoe, C. J.
As between the two companies, the Faneuil Hall took the place of the defendants as insurers; but between insurer and insured there was no novation. The policy-holder did not release the defendants from their contract with him, and did not accept the other company as a substitute for the defendants; and it is immaterial whether this or any other action could be maintained on the policy against the other company. The defendants transferred to the Faneuil Hall the right to assent to Marden’s assignment of the policy to the plaintiff; and if that right could be exercised in the name of the…
2Cases cited1 opinion
- Metcalf v. GilmoreSupreme Court of New Hampshire · 1879
3Cited by6 opinions
- Owen v. WestonSupreme Court of New Hampshire · 1885
- Brooks v. HowisonSupreme Court of New Hampshire · 1885
- Cole v. GilfordSupreme Court of New Hampshire · 1884
- Hazen v. QuimbySupreme Court of New Hampshire · 1881
- Willoughby v. HoldernessSupreme Court of New Hampshire · 1883
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